Sep 17, 2013

CityNews – Just one week after CityNews published the story of the outspoken
Thammasat student, Aum Neko, she is now being accused of committing lèse-majesté
by a TV producer.

Aum Neko at University

Prior to her campaign against uniforms in Thai universities
Aum, a transgender girl, had appeared on a TV show called ‘Best of your Life’.
It is the founder of the show, Porntipa Supattanukul, who has requested that
police issue a warrant for the arrest of Aum.

Porntipa has accused Aum of making negative comments
about the playing of the royal anthem in Thai cinemas, as well as digressing
from the questions asked in the interview and instead insulting the Royal Institute of
Thailand.

Porntipa has also asked that whoever might be
sponsoring Aum and her campaign be investigated by police.

Aum has already been accused of computer crimes by The Crime
Suppression Division, and she is currently under investigation by the
Technology Crime Suppression Division.

Since her campaign, and after an interview
for Pratachai (translated), Aum has attracted many followers,
people admiring her progressive way of thinking as well as the eloquence she
employs while challenging archaic traditions in university and authorities she says are
limiting Thai people’s freedom of speech and freedom of expression.

Her interview with Pratachai has been praised for being
particularly wise for such a young woman. In the interview Aum reminds the
reader of Thammasat’s long history of support for “respect for others’ freedom, adherence to democracy” in Thailand. She
also emphasises the importance of Thammasat’s founder, Pridi Banomyong,
who fought for freedom and human rights for Thai people, resulting in Khana
Ratsadon and the end of absolute monarchy in Thailand.

A warrant has not yet been
issued, but it’s well known in Thailand that police take Lèse-Majesté cases
very seriously, even when the only evidence is word of mouth such as the almost
Orwellian case wherein a brother (and business partner) accused his brother
of LM and subsequently the man spent 11 months in jail before the courts
dismissed the case last week.

Even though bail is routinely
given to rapists, violent offenders, and murderers, it is almost unheard of for
112 cases to receive bail due to the severity of the crime. The prisoner can
also spend years waiting for the courts to sentence him or her.

The freedom that Aum so
courageously has been fighting for, could be taken away from her if the warrant
is issued, and if indeed Porntipa Supattanukul has cogent evidence
that Aum breached article 112 of the criminal code.

Social critic and blogger Kaewmala spoke to CityNews about this case which she is following closely:

"This case highlights the most
obvious flaw of Thailand's Lèse-Majesté law, that it allows anyone to file a
complaint against anyone. It clearly illustrates how the law can be so easily
abused. It shows that even the court dismissal in the brother-against-brother case may not stop or discourage potential abusers to use it as a tool to settle
personal conflicts or punish others for different political opinions because
there is no punishment for bringing a frivolous complaint. The accused brother
may have 'won' the case but he lost a year of his life and his
business."

She goes on to say that if an arrest warrant will be issued for Aum, there's a strong chance
she will be jailed before trial and likely denied bail like most Lèse-Majesté defendants. Her student career will be interrupted, and her life put on hold, says Kaewmala.

She explains that, "Article 112 in effect has become a swift and effective tool to suppress and
repress anyone daring to demand social change. The climate of fear is seeping
further to the personal level. It's becoming more and more Orwellian. The
question is, how many such cases will there be, before we the last straw will
break the camel's back. I don't think such abuse of the law can be sustained
indefinitely. Many people have pointed to the need to change the procedure of
complaint to not allowing anyone to be a complainant. I completely agree. The
other important aspect to change is to insure the right to bail."